Vicarious Liability in California Personal Injury Law

• Apr.15.2024
• Personal Injury

Anyone who causes you harm is legally responsible for their actions, but are they the only ones responsible for paying for your damages?

Under the laws of vicarious liability in California, multiple individuals can be liable to compensate you for injuries caused by one bad actor.

This vicarious liability law can increase the likelihood that someone will have the means to cover your losses. 

If you have been injured by the misconduct of someone else, speak to our experienced personal injury attorneys at Starpoint Law.

We can make sure the appropriate parties are held responsible for your pain, and we can maximize your damages. Contact us today.

What Is Vicarious Liability? 

In California, when it comes to vicarious liability in a legal complaint, it means that the plaintiff has the right to seek compensation from multiple parties for the injuries they've sustained. This can significantly impact the outcome of settlements.

As explained in the Judicial Council of California Civil Jury Instruction 3700 and California law, the following parties are legally responsible for the tortious or criminal actions of another: 

• A business or person is responsible for the harms caused by their agent;
• An employer is responsible for the misconduct an employee commits within the scope of their employment (this is also called respondeat superior in California); 
• A parent or guardian is responsible for the willful misconduct of their minor child; and 
• An individual is responsible for any crime they encourage another person to commit. 

While these rules give you multiple sources from which you can recoup your damages, identifying all parties who are vicariously liable for your injuries can be a difficult task.

You might have to battle with potential defendants to prove that the party who hurt you was their employee or agent or that their harmful behavior was within the scope of their duties. 

Once you prove that a party is vicariously liable, you must also prove that the person who harmed you was negligent or committed a wrongful act against you.

Analyzing these matters is a complex undertaking and best left to the judgment of a skilled and experienced personal injury attorney.

Our Personal Injury Attorneys Can Help You Recover What You Deserve

Navigating the complexities of vicarious liability in California personal injury law can be challenging. Our team of experienced personal injury attorneys is here to help.

We offer a free consultation to discuss your case, explain your legal options, and guide you through the process of seeking the compensation you deserve. Don't wait—contact us today to take the first step towards justice and recovery.

Aidin Ghavimi

Aidin is a partner at Starpoint LC, Attorneys at Law, and focuses on personal injury and employment law cases in and around Southern California. He earned his Juris Doctorate from the Loyola School of Law and his Bachelor’s from USC. Aidin’s primary goal is to bring justice to his clients and to ensure they are able to move on with their lives after a serious injury.

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